Can a Foreigner Register a Trademark in the US?

Hey there, global trailblazer! If you’re outside the USA but eyeing the American market—maybe a cool brand name or logo—you’re probably wondering: Can a foreigner trademark USA legally? At La Défense, we’ve helped folks from all corners of the world protect their brands here, and the answer’s a big yes! But there are some hoops to jump through. Let’s walk you through it, nice and easy.

foreigner trademark

Yes, Foreigners Are Welcome!

Good news: the U.S. Patent and Trademark Office (USPTO) doesn’t care where you’re from. Whether you’re in Tokyo, London, or Hà Nội, you can register a trademark in the US just like an American. No citizenship, residency, or US company required. The catch? You’ve got to play by the same rules as everyone else—and a few extras. Let’s unpack it.

The Basics: How It Works

To register, you’ll need a trademark (a name, logo, or slogan) tied to goods or services. Here’s what’s key for foreigners:

Use It or Plan It

Like locals, you’ve got two filing options:

Use in Commerce: Your mark’s already active in the US—like selling products online to American customers. You’ll need proof (e.g., a website or packaging) showing it’s in interstate commerce (affecting US trade).
Intent-to-Use: Not in the US yet? File with a real plan to start. Later, prove use with a Statement of Use ($150 per class)—you’ve got up to 3 years with extensions ($125 per class every 6 months).

No US presence? Intent-to-use is your friend—buying you time to break into the market.

Foreign Priority Bonus

Here’s a perk: if you’ve filed for the same mark in your home country within the last 6 months, you can claim “priority” under the Paris Convention. It’s like cutting the line—your US filing date matches your home one. Sweet deal if you’re expanding!

The Big Rule: You Need a US Attorney

Since 2019, the USPTO has a strict rule: foreigners must hire a US-licensed attorney to file. No DIY option here. Why? To keep applications sharp and reduce errors. Your attorney will:

Submit your filing (starting at $350 per class in 2025).
Handle USPTO questions or pushback (Office Actions).
Be your legal voice in the US.

At La Défense, we’ve got you covered—our team knows the ins and outs of USPTO rules, making it hassle-free for you.

Costs and Timeline

Fees match what Americans pay: $350 per class to start, plus extras like $325 per class for maintenance (years 5–6 and every 10 years). Timeline? About 9–12 months if smooth—longer with hiccups like oppositions. Planning ahead is key, especially if you’re oceans away.

Why Bother as a Foreigner?

Registering in the US is a game-changer if:

You’re selling (or plan to sell) here—online or in stores.
You want to stop US copycats from stealing your brand.
You’re building a global reputation—the “®” adds clout.

The US market’s huge—protecting your mark here can pay off big.

Challenges to Watch For

It’s not all smooth sailing. Here’s what foreigners face:

Proving Use

If you’re not in the US, showing “use in commerce” can be tricky. Shipping goods to US customers or marketing services online works—but random sales won’t. Intent-to-use sidesteps this until you’re ready.

Legal Distance

Time zones and language barriers can slow you down. Without a US attorney, you’re stuck—USPTO won’t even let you file.

That’s where we at La Défense step in, bridging the gap.

Conflicts

A similar US mark could block you. A pre-filing search is a must—don’t risk rejection after months of waiting.

State Trademarks: A Quick Fix?

If federal feels big, state trademarks (e.g., $50–$75 per class in California or Texas) cover one state and don’t need a US attorney. But they’re weak for global players—stick to federal for real protection.

Worth It? Absolutely!

You don’t need a US base to claim your brand here—just a mark, a plan, and the right help. Registering locks in your rights across all 50 states, perfect for foreigners tapping this market. And if you grow a US company later, your trademark transfers easily.

Let’s Get You Started

Can a foreigner register a trademark in the US? Yep—starting at $350 per class, with a US attorney by your side. At La Défense, we specialize in helping international clients like you—from filing to approval, no stress. Ready to protect your brand in the USA? Contact us today—we’ll make it simple and secure. Your global vision deserves a US shield!

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